Continuous lawful residence/invalid application

[lockwork]

Hello,

I first entered the UK in September 2007 as a student, got married in 2013 to a British citizen and got a leave to remain as spouse in December 2013.

Last year, on 13/06/2016, I applied by post for FLR(M) second extension. The fee was drawn, and I received a letter of conformation and also invitation to submit biometrics. I submitted the biometric information shortly after. However, around two months later I received all my documents (except for the BRP as my leave ran out on 24/06/2016), and a letter saying that my application is rejected as invalid because of old photos. The letter also claims that UKVI wrote to me on 23/06/2016 to give me the opportunity to provide the required fee, additional information or documentation and failed to do so within the specified timescale. Added to this were a whole lot of scary stuff about detention, forcible removal, etc.

As soon as I read this I phoned UKVI, and luckily someone helpful answered the phone and told me not to panic and re-apply within eight days of the receipt of the rejection letter. So I booked an in-person application. I re-submitted a FLR(M) second extension application and was granted further leave to remain on the same day.

As I’m completing my 10 years in the UK in September, I would like to apply for an ILR on this basis. However, as detailed above there is a potential gap in ‘lawful residence’.

Would this gap ‘reset’ the timer for long residence? How likely is my application to be successful? I also got my records after a SAR, but, while these are quite useful, I can’t really find if I have been recorded as an overstayer for an extended period or not. Any tips on how to read the records from SAR would also be greatly appreciated.

Details together below:

Visa status
First entry to UK: 15/09/2007
FLR(M) first until: 24/06/2016
FLR(M) second until: 19/02/2019

(Disaster) second FLR(M)
Applied for second FLR(M): 13/06/2016
FLR(M) ran out: 24/06/2016
Rejection decision: 12/08/2016
Rejection letter received: 16/08/2016
Re-applied 19/08/2016
Granted: 19/08/2016

[vinny]

Is the above the information as written from the SAR? If different, then can you post the information from the SAR?

[lockwork]

Thank you for your reply. The above were mostly from what I know, some confirmed in SAR. I’m posting information as appears in SAR:

1) First application for FLR(M) extension:
Applic/Raised Date: 13-Jun-2016
Case Type:` Spouse of a Setled/Refugee/HP Person
Case Outcome: REJECT
Outcome Date: 12-Aug-2016

Date: 22-Jun-2016
Case validated - INVALID DUE TO OLD PHOTOS
ISSUED 4044+4944
PLACED IN INVALID CRATE
B/F-11/07/2016
Attended Bio enrolment
Name, address, DOB appear correct
Payment fee received
IHS paid
No new photographs submitted, therefore case falls for rejection
Case place on rejection shelf

Date: 20-Jul-2016
Application has been rejected
Reason for rejection:
No New Photos enclosed these have been used previously

ICD4946 has been sent to applicant with the following docs
Ppt x 2
PRC
Birth cert

Minute/Case Notes:
Via Royal Mail SD number: AB…

The following doc have been retained on file:
BRP card expired - 24/06/16 cancelled

LTE/LTR in passport expires on 26/09/16
***Two redacted lines here***
IHS fee and application fee refund actioned

2) Another record between the failed application and the successful one:
Applic/Raised Date: 25-Jun-2016
Case Type: ISA Data - VNAT
Case Outcome: Closed in Country Valid Visa
Outcome Date: 23-Aug-2016

Minute/Case Notes:
Event History - TRUNCATED

12/AUG/2016 - CID Outcome: “REJECT” on “Spouse of a Settled/Refugee/HP Person”
Date: 16-Aug-2016

3) Successful application:
Applic/Raised Date: 19-Aug-2016
Case Type: Spouse of a Setled/Refugee/HP Person
Case Outcome: GRANT L.T.R.
Outcome Date: 19-Aug-2016

***Various checks here, I found the below possibly helpful***
Does the applicant have extant leave? YES
If NO, was the expiry within the last 28 days? N/A

[lockwork]

Hi again,

Does anybody understand the SAR records posted above / have any comments? Will be much appreciated.

Thanks.

[vinny]

It looks like they treated your variation as valid, with no loss of continuous lawful residence.

Have photographs been provided in the correct format, if this is applicable?
Yes - continue
No – application is invalid (but a variation will be valid)
Photographs and documents
Validation of photographs

[lockwork]

Thanks ever so much, this is a big relief.

[Aansoo]

I have query so please help me out, i applied my spouse on time like before expiry my previous visa in july 2013, then in 1st week of September they sended back my application and all the documents with one letter and in that letter they mentioned that my application is invalid because of the payment issue the thing is that i did have an enough money in my account but i don't know why it did not go through, in that letter they mentioned that i can resubmit my application again but they did not mention in how many days i can resubmit but anyway i did submit my application in 6 days and in in end of October 2013 received my spouse visa, so my question is that now i am applying for my 10 years long residency visa so i do have a gap for this 6 days or not? as i am going on window so paying more than £2500 so if someone help me out then i shall be grateful.

[iubus2005]

Hi All,
Quick question -- how do I get such information from SAR (i.e. my case history and any absences in Home Office systems)? While I have a list of my absences, I travel a lot and just want to make sure that I have not missed out on listing anything.
I submitted a detailed SAR request. However, all I got back was a copy of my old forms. I did not get details such as posted by "lockwork" or a list of my absences.